US/UK Copyright

Who owns it?

[cmcilwraith]

I am in the process of creating and publishing ebooks of an author (with her consent) of works that have been published both in the UK and the US. Some of the books here in the UK are no longer in print and, therefore, the rights to them have reverted to her in the UK.

However, the same books may still be published in the US. If I publish the ebook as a result of the UK rights reverting, am I in breach of copyright in America? Who 'owns' the internet?!

[diddlydazz]

hi cmcilwraith

Welcome to WebmasterWorld

do a search for DMCA

and also Berne Convention

hope this helps

Dazz

<edit> added welcome :) </edit>

[BigDave]

If she never signed over her copyright to someone else, then she owns the copyright and always has.

If that is the case, then it would not be a copyright case, but a contract case.

I'm not sure, but I believe that most book contracts cover specific media and geographical areas. There would be a contract for hardcover rights in the US, and there would be a different contract for softcover with a different company.

These contracts can easily contain limitations on when and how it might be released on other media.

You should have your lawyer and her lawyer go over her contracts with her publishers to find out which rights are available to you.

[hunderdown]

I can't speak to UK contracts, but in the US, publishing contracts usually do a few things:

--allow the book publisher to license "subsidiary rights" in the book. These include audiobooks, performance rights, ebook rights, foreign English-language rights, foreign translation rights.... Licenses distinguish the kind of use and the country or region in which the right is granted.
--since the sub. rights are divided up into these slices, one company can sell one product related to the original market in a particular market while another company is selling another.
--when a book goes out-of-print, and rights revert to the offer, there should be a provision for the holders of "outstanding licenses"--meaning companies who have licensed the right to do something with the book, and are still doing it--to hold on to those licenses and continue to pay royalties to the original publisher.

Taking all this into consideration, if UK contracts are similar, it is likely that while rights have reverted, the publishers in the US can continue to sell their print edition, and that you can sell an ebook edition without any concern.

Having said all that, I'm going to concur with Big Dave and urge you to have someone with contract expertise to examine the relevant contracts, including the original contracts of your client, but also, if it seems necessary, any sub. rights agreements that might affect what you want to do....

[BigDave]

Well, I will certainly defer to your experience on how the book contracts tend to be written. Whether right or wrong on specific details, my main point was that the answer lies in the contracts, which means paying that lawyer to review them.

[hunderdown]

BigDave, I wasn't disagreeing with you, just wanted to add some background information on contracts....

[BigDave]

I understood that you were not disagreeing with me, but now that I look at what I wrote, it certainly could be read that I thought you were. I should have been more careful about how I said it.